THIS DOCUMENT IS A LEGAL CONTRACT AND SETS FORTH THE TERMS AND CONDITIONS OF THE USE OF THE WIKIMEDIAN SEARCH ENGINE. WIKIMEDIAN IS A “SEMANTIC SEARCH ENGINE” WHICH COLLECTS AND UTILIZES DATA SUBMITTED BY USERS AND MEMBERS AS SET FORTH IN THE TERMS OF the WIKIMEDIAN PRIVACY NOTICE THE TERMS OF WHICH ARE INCORPORATED IN THIS DOCUMENT. USERS AND MEMBERS ARE ADVISED TO PRINT AND REVIEW THE TERMS OF THIS DOCUMENT AND THE PRIVACY NOTICE PRIOR TO THE USE OF THE WIKIMEDIAN WEBSITE OR SEARCH ENGINE. BEFORE USING THE WIKIMEDIAN SEMANTIC SEARCH WE RECOMMEND YOU COMPLETELY UNDERSTAND AND AGREE TO CONFORM TO THE TERMS IN THIS CONTRACT OR THE PRIVACY POLICY.  

USING THE SITE AND THE SERVICES PROVIDED BY THE SITE  

Any person can make use of the Wikimedian Semantic Search site and simply view the site or perform searches without becoming a member or providing any data or information.  

In order to access private or password-protected areas of Wikimedian Search or to have access to information services provided by the site, or to upload and download information to collection services you must register with Wikimedian and become a member. You may also be required to provide financial information necessary to pay for the use of the Membership area and have access to certain data or services. Your name, personal information together with your financial information will never be intentionally released to any third party. Please refer to the Wikimedian privacy policy the terms of which are incorporated into this agreement. Wikimedian may provide content that is copyrighted or trademarked by Wikimedian. or Wikimedian third-party licensors and suppliers. This content may include logos, graphics, video images, software, tables, images and data that are the property of Wikimedian. or other third parties. Wikimedian users are allowed to view this material solely for their own personal use. Users may not copy, modify, reproduce, reverse engineer or exploit any materials subject to any copyright or trademark except as specifically provided on the site.

Users of the Wikimedian site are responsible to maintain their own passwords. Users agree not to share their passwords or allow access to Membership areas of the site with other third parties. Persons who choose to register for a Wikimedian Membership account will be required to physically acknowledge that he or she accepts the terms as provided. Different versions of the Wikimedian Semantic Search engine will contain more features which may or may not require user to share more specific parts of their personal information.  This Agreement may be changed at any time by Wikimedian upon posting of a modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www Wikimedian com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. All content included on this site is and shall continue to be the property of Wikimedian or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.  This site has been developed and is maintained in conformance with the federal Children’s Internet Protection Act (“CIPA”) (See 20 U.S.C. § 9134(f), 47 U.S.C. § 254(h), (l); 47 C.F.R. § 54.520) (implementing FCC regulation)]. All elementary and secondary schools as well as public libraries are advised to undertake specified internet safety measures to block the ability of minors to obtain internet access to this site as it is not designed to be viewed by children under the age of 18. By this notice, Wikimedian intends to prevent access by minors to inappropriate matter on the internet, promote the safety and security of minors when using e-mail, chat rooms, and other forms of electronic communications, to prevent unauthorized access to unlawful activities by minors online, to prevent the unsafe and unauthorized online disclosure, use, and dissemination of personal information regarding minors, and to implement measures designed to restrict minors’ access to harmful material. BY USING AND ACCESSING THIS SITE, THE USER/MEMBER IS REPRESENTING THAT HE OR SHE IS 18 YEARS OF AGE OR OLDER.

All Trademarks, trade names, copyrights and other protected intellectual properties are the property of Wikimedian, its licensor or other third parties who have licensed material to Wikimedian for use on its search engine. Other products and company names mentioned on this Site may be trademarks of their respective owners. The Wikimedian site may contain links to other sites which may not be controlled by Wikimedian. Wikimedian is not responsible for the practices, policies or information practices of third party websites and Wikimedian encourages user/members to read their privacy policies as well. This website is accessible to persons throughout the United States and the world. The data protection and privacy laws differ from state to state and from country to country. Wikimedian policies and practices are intended to conform to California State law as well as the applicable federal statutes. Wikimedian respects The Digital Millennium Copyright Act (DMCA) which is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works. Any person who believes that his or her work has been infringed upon by a user or member of Wikimedian should provide written notice to the Wikimedian legal department at 243A Lakeview Avenue, Placentia, California 92870 or legal@wikimedian.com. Wikimedian, after the appropriate investigation and verification, may remove the suspected content from the Wikimedian site.  Wikimedian grants the user/member a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Wikimedian .com, and Wikimedian may terminate your use of this website at any time.  User/member agrees to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. Wikimedian does not and does not intend to place any or depict any pornographic material on its website. The use of the Wikimedian search engine to gain access or distribute such materials is strictly forbidden by Wikimedian. Wikimedian does not promote or condone the use of or distribution of any illegal substance under state or federal law. The use of the Wikimedian search engine to gain access or distribute such materials is strictly forbidden by Wikimedian. Wikimedian does not promote any specific political view and supports the laws and Constitution of the United States as well as the laws of The State of California. Any depiction of any particular political view is for its informational and historical purposes only and does not constitute the views of Wikimedian, its employees or any of its independent contractors. Users and members agree to indemnify, defend and hold Wikimedian  and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

IMPORTANT NOTICE

MEMBERSHIP USERS MAY BE  AUTOMATICALLY CHARGED A MONTHLY FEE FOR USE OF THE WIKIMEDIAN SEMANTIC SEARCH AND MICROSITE  MANAGER. UNLESS YOU CANCEL YOUR MONTHLY CONTRACT PRIOR TO THE END OF THE BILLING PERIOD, YOU WILL BE AUTOMATICALLY CHARGED ON YOUR CREDIT OR DEBIT CARD.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WIKIMEDIAN DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

THE WIKIMEDIAN SITE MAY CONTAIN LINKS TO OTHER SITES WHICH MAY NOT BE CONTROLLED BY WIKIMEDIAN. WIKIMEDIAN IS NOT RESPONSIBLE FOR THE PRACTICES, POLICIES OR INFORMATION PRACTICES OF THIRD PARTY WEBSITES AND WIKIMEDIAN ENCOURAGES USER/MEMBERS TO READ THEIR PRIVACY POLICIES AS WELL. THIS WEBSITE IS ACCESSIBLE TO PERSONS THROUGHOUT THE UNITED STATES AND THE WORLD. THE DATA PROTECTION AND PRIVACY LAWS DIFFER FROM STATE TO STATE AND FROM COUNTRY TO COUNTRY. WIKIMEDIAN POLICIES AND PRACTICES ARE INTENDED TO CONFORM TO CALIFORNIA STATE LAW AS WELL AS THE APPLICABLE FEDERAL STATUTES. UNDER NO CIRCUMSTANCES WILL WIKIMEDIAN BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) against third parties which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly with such laws may not apply to you. Wikimedian does not endorse, recommend any product, services, information, opinions or resources accessed through the use of the WIKIMEDIAN site. USER/MEMBER AGREES THAT WIKIMEDIAN WILL NOT BE RESPONSIBLE IN ANY FASHION FOR THE USE, PURCHASE OR HARM CREATED BY ANY PRODUCT, SERVICE, DATA, INFORMATION OR CONTENT GENERATED BY THIS SITE. USER/MEMBER AGREES TO HOLD WIKIMEDIAN HARMLESS, INDEMNIFY AND DEFEND FOR ANY AND FOR ANY AND ALL HARM CREATED BY ANY PRODUCT, SERVICE, DATA, INFORMATION OR CONTENT GENERATED BY THIS SITE INCLUDING THE PAYMENT OF ATTORNEY’S FEES AND COSTS INCURRED BY WIKIMEDIAN DEFENSE OF ANY SUCH ACTION.

When using this site, user/member specifically agrees not to:

o    Incite illegal activity.
o    Use racially or ethnically or otherwise offensive language. Use obscene or sexually explicit language
o    Condone, incite or encourage violence, any breach of peace or any act of insurrection against any state, the United States or any other sovereignty.
o    Defame, abuse harass, stalk, threaten, bully or otherwise violate the rights of any user/member of this site.
o    Post violent, graphic or sexually explicit images of actual or simulated conduct.
o    Post any content that exploits children or cruelty to minors.
o    Post hoax data or false content intended to deceive Wikimedian, any members or any third parties.
o    Post material that violates any trademark, copyright, patent, trade secret or intellectual property of Wikimedian or any third party without their express written permission.

By the terms and conditions of this agreement, the user or member authorize and allow Wikimedian to use and assign any and all personal information obtained by Wikimedian as well as any and all databases developed by Wikimedian as a result of the user or member’s use of the site, with the exception of personal financial information and all information provided by you in any manner consistent with our Privacy Policy for any purpose. If you believe your work has been copied in any way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

By Mail: Wikimedian, Lakeview Avenue, Placentia, California 92870

By e-mail: legal@wikimedian.com

Users and members agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between user/member and its affiliates will be litigated in Orange County Superior Court in Santa Ana, California.  If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Wikimedian may terminate this Agreement at any time and for any reason, with or without notice.

Wikimedian Semantic Search is a tradename and a trademark filed with the United States Patent and Trademark Office. The Semantic Search engine is the subject of numerous patents filed with the United States Patent and Trademark Office and licensed to Wikimedian.  Wikimedian respects the patent, tradename, trademark, and intellectual property rights of users/members and other third parties and require all users/members of the Wikimedian site to do the same. Any reproduction, use, modification, or publication of the Wikimedian name, or any trademark or patented processes by the user/member is strictly prohibited.

Wikimedian   

4501 East La Palma Avenue

Suite 240

Anaheim CA 92807

legal@wikimedian.com

legal@yoogli.com